Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48972 of 2021 Arising Out of PS. Case No.-97 Year-2019 Thana- RAGHOPUR District- Vaishali ====================================================== Jitendra Kumar Son of Chandeshwar Ram Resident of Village- Jadua, Kumhar Tola, P.S.- Hajipur Town, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner seeks bail in connection with Raghopur P.S. Case No. 97 of 2019 instituted for the offences under Sections 409 and 420 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 10.04.2021, charge-sheet has been submitted in the case and has antecedent of one case as mentioned in paragraph '3' of the bail application. Learned counsel for the petitioner submits that the informant, (B.D.O.) alleges that utilization certificate relating to Mukhyamantri Kanya Vivah Yojana for the financial year 20112015 was not made available by Block Nazir (Ujjawal Vaibhav) due to non-handing over the charge by him as such the amount

Patna High Court CR. MISC. No.48972 of 2021(2) dt.27-01-2022 2/3 could not be adjusted and thus it is alleged that about Rs. 63 lakhs of government money was misappropriated. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, allegation pertains during 2011-2015 and the F.I.R. came to be instituted on 18.07.2019 i.e. after seven years from the first occurrence on non-submission of utilisation certificate and four years after the last occurrence. Further, it is submitted that petitioner joined on 02.07.2012 as L.D.C. and submitted vouchers till 21.02.2014 and thereafter in March, 2014 he was suspended and during his tenure, the petitioner distributed only Rs. 60,000/- to twelve beneficiaries. Learned counsel further submits that the petitioner based on the charges, in a departmental proceeding, came to be terminated from service by order dated 06.07.2019.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 10.04.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.48972 of 2021(2) dt.27-01-2022 3/3 Sushri Anjali Naag, learned Judicial Magistrate, 1st Class, Hajipur at Vaishali in connection with Raghopur P.S. Case No. 97 of 2019.

(Satyavrat Verma, J) Rishi/- U T